1. Introduction

    1. These are the Terms upon which we accept internet Bookings on this website.
    2. It is important that you read and understand these Terms before making your Booking.
    3. By making your Booking on this website you accept to be bound by these Terms.
    4. These Terms also set out the rules that you must follow when you park your Vehicle in the Car Park.
  2. Definitions and Interpretations

    1. In these Terms the following words or phrases have the following meanings unless inconsistent with the context:

      "Accessories" means any accessory or equipment fixed to or forming part of the Vehicle;

      "Alternative Contact" means the person you nominate as your alternative for communication;

      "Booking" means the booking made by you on this website to use those Parking Services selected by you and accepted by us;

      "Booking Period" means the period commencing on the date that you specify for the date of entry to the Car Park and expiring on the date that you specify for leaving;

      "Car Cleaning Services" means either:

      (i) Wash & Vacuum; or

      (ii) a Super Wash;

      "Car Park" means the long term secure car park operated by us at Brearley Avenue, Perth Domestic Airport and Horrie Millar Drive, Perth International Airport;

      "Contract" means the contract formed between you and us from the time you receive the Receipt which contract includes these Terms;

      "Day" means a period of 24 hours commencing 00:01hours and terminating at 24:00 hours or part thereof;

      "Parking Rates" means the rates and charges for the Parking Services stated on this website;

      "Parking Services" means:

      (i) the provision of secured long term parking within the Car Park for the Booking Period; including

      (ii) the provision of the Car Cleaning Services selected by you;

      (iii) the driving of the Vehicle with or without you from the Car Park to the Terminal selected by you; and

      (iv) the other services we provide which are detailed on this website and are selected by you;

      “Receipt” means the emailed conformation from us when your Booking has been accepted;

      "Super Wash" means all those cleaning services described for a Wash & Vacuum plus an exterior hand polish of the Vehicle;

      “Tax Invoice” has the same meaning as in the A New Tax System (Goods and Services) Act 1999 (Cth);

      “Terms” means these terms and conditions and includes any additional signposted conditions of parking that are displayed at the entry of the Car Park;

      “Terminal” means the Perth Domestic or International Terminal;

      “Vehicle” means any vehicle which you may park in the Car Park and includes any mechanical device on wheels or tracks;

      "Wash & Vacuum" means the following will be undertaken in respect of the Vehicle;

      (i) exterior hand wash;
      (ii) chamois dry;
      (iii) interior clean;
      (iv) windows and glass clean; and
      (v) wheel rims clean.

      The words “we” “us” or “our” means Westhill Pty Ltd (ACN 060 505 286) as trustee for the ASP Trust trading as Airport Security Parking;

      The words “you” or “your” means any person who makes a Booking or (where the context allows) uses any of the Parking Services.

    2. If you make a Booking on this website then you accept these Terms without qualification.
    3. These Terms apply to the exclusion of any other conditions. None of our employees or agents has authority to vary or waive these Terms.
    4. If there is any inconsistency between these Terms and those sign posted at the entrance of the Car Park then these Terms will prevail.
    5. These Terms may be changed by us at any time and such changes will apply to all Bookings after the changes have been posted on this website.
    6. Some legal obligations imposed by law cannot be limited or excluded. No attempt to limit or exclude such liability is made by us.
    7. Headings are for information only and do not affect the interpretation of these Terms.
  3. Booking Requirements

    1. You will need to read and confirm on this website that you have read these Terms before your Booking will be accepted by us. You will be bound by the Terms once your Booking is confirmed by us.
    2. A Booking is confirmed when we email you your Tax Invoice/Receipt to the email address you gave us on the website booking form. When you receive your Tax Invoice/Receipt you should check that the information on the Tax Invoice/Receipt is correct and let us know by email at [email protected] if it is not or amend your booking using the manage my booking function on the website. You must quote the booking reference number on the Tax Invoice/Receipt of you wish to contact us about your Booking.
    3. The Booking and the resultant Contract is personal to you and can only be used by you or someone authorised by you by email to us at [email protected]
    4. We only accept Bookings for cars, light utility vehicles and light vans. Please contact us at [email protected] if you wish to check whether your Vehicle is acceptable. Please note that you are not entitled to a refund if your Vehicle is not acceptable.
    5. When you make your Booking, you must specify the registration number of the Vehicle. Your Booking will only be valid for the Vehicle that has the specified registration number that is specified by you in your Booking. You must change these details if you wish to use another Vehicle. There is no additional fee if you change these details before your booked arrival time. These details can be changed by emailing us at [email protected] or using the “Manage My Booking” function on the website.
  4. Payment

    1. You must pay for the Parking Services by using any acceptable credit card set out on the website booking form. We may charge an additional fee for such payment by credit card, which may vary depending on which card you use. We do not accept payment by cash or cheque.
    2. Your Booking will incur a nonrefundable administration charge equal to 1% of your parking fee.
    3. Your Booking may be cancelled by us if your credit card payment fails.
    4. By Booking on our website you agree that:
      1. you will be charged for each Day between the hours of 00:01 and 24:00 or part thereof of the Booking Period;
      2. no refunds will be made for early return other than in accordance with clause 4.4.3.
      3. any monies owing to you due to an early return will be credited to your online account;
      4. credits on online accounts cannot be transferred to any third party;
      5. credits are not transferrable to cash;
      6. credits are valid for 12 months;
      7. no refund will be made if your stay is shorter than the time specified in the Booking Period;
      8. if you arrive early or leave late (so that your Vehicle is parked in the Car Park for any period of time outside your Booking Period), then you will be charged for the additional period you are in the Car Park at the current Parking Rates. Any such charge will be payable, even if your total stay is no longer than the Booking Period; and
      9. the parking rate that you will be charged for any extra stay will be the rate that would have been charged for that extra time had you not made a Booking on this website.
    5. The price that you have been quoted on this website includes GST and is fixed when you make our Booking. No further discounts apply.
  5. Cancelling your Booking

    1. You may cancel your Booking, for any reason, at any time up to 24 hours prior to the start of the Booking Period. If you cancel with at least 24 hours notice, then you will receive a refund.
    2. To cancel your Booking, you must contact us by email at [email protected] quoting your name, address, vehicle registration, Booking Receipt number and Booking Period. Cancellations will only be accepted by email.
    3. There will be no refund for your Booking if you do not use the Booking.
    4. There will be no refund of any administration charges relating to your Booking.
  6. Your Entitlement to Parking Services

    1. We will use reasonable endeavours to ensure that the Parking Services are available at the Car Park but availability of a space is not guaranteed. If the Parking Services are not available, then the following will apply:
      1. in the unlikely event that we cannot accommodate your Vehicle at the Car Park, then we will provide substitute parking at the Terminal selected by you; or
      2. if there is no alternative parking, you will be entitled to a full refund of your Booking fee.
  1. General Liability

    1. If we cannot accommodate your Vehicle for any reason, then you agree that such substitute parking and/or refund referred to in clause 6, will be your only remedy against us. Subject to any law to the contrary, this will be the limit of our liability to you under the Contract.
    2. We will not be liable to you for any loss or damage that you or your Vehicle may suffer unless the loss or damage is proven to be caused by the negligence, willful act, default or breach of statutory duty by us, our employees, servants or agents. Any claims made by you with respect to the condition of the Vehicle or the Accessories after the Booking Period must be made within 1 hour of the Vehicle and Accessories being delivered to you.
    3. Where we perform the Cleaning Service we will not be liable to you for damage to the Vehicle in respect of;
      1. pre-existing damage whatsoever;
      2. windscreen adhered accessories (E-tags, sat-nav aids, mirrors etc.);
      3. valuables left in Vehicle;
      4. cracked or chipped windows including tints;
      5. oxidised, chipped, blistered or flakes paintwork
      6. modified or altered Vehicles including wheels or poorly fitted after market accessories including but not limited to number plate frames;
      7. automatic door locks, kill switches or alarms;
      8. cracked or faulty bonnet, windshield, headlight protectors, loose mudflaps, side skirts or bumpers;
      9. antennas and roof racks;
      10. faulty ignition, batteries, alarm keys or mechanical faults;
      11. vehicle graphics.
    4. We will not be liable to you for any loss or damage to the Accessories or your luggage or other property whilst in any Car Park or on the transport between the Car Park and the Terminal, unless the loss or damage is proven to be caused by the negligence, willful act, default or breach of statutory duty by us, our employees, servants or agents.
    5. We will also not be liable to you for any special, incidental, indirect or consequential loss or damage suffered by you as a result of a breach by us of our obligations under the Terms and the Contract, whether we could have foreseen such losses or damages at the time.
    6. You indemnify us for any cost, expense, loss or damage suffered by us in connection with any death or personal injury of any person or any damages to any real and personal property caused directly or indirectly by you or your agent’s use if the Vehicle in the Car Park.
    7. Despite any other provision in these Terms, we do not exclude or limit the application of any statue where to do so would contravene that statue or cause any part of the Contract to be void. Nothing in these Terms limits our liability for personal injury or death to the extent caused by a negligent act or omission of us.
    8. Where the Australian Consumer Law or other laws imply conditions or warranties in respect if this Contract and it is not lawful or possible to exclude them, our liability for any breach of such condition or warranty will be limited to the extent permitted by law, and at our option to the supplying of the services against or the payment of the costs of having the services supplied again.
  2. Permission to Move Vehicle

    1. You irrevocably consent to our staff moving or driving the Vehicle to enable us to perform the Parking Services.
    2. For the purpose of clause 8.1 the Vehicle may be moved or driven within the Car Park or within Perth Airport to such other place as we deem necessary.
  3. No Safe Custody

    1. Our staff have no authority to accept any goods from you for safe custody.
    2. Neither we or our staff will be liable for any loss or damage to any goods alleged to have been left with us or our staff for safe custody howsoever such loss or damage be caused whether by negligence or otherwise by us or any of our employees, servants or agents.
  4. Delivery of Vehicle

    1. Our staff may deliver the Vehicle together with the contents therein and the Accessories to any person providing:
      1. the Receipt; or
      2. an access card issued by us; or
      3. a claim check issued by us; or
      4. issue ticket issued by us ; or
      5. any other evidence of ownership authority or entitlement as we or our staff deem satisfactory.
    2. We may retain the Vehicle together with the contents therein and the Accessories until:
      1. the evidence of ownership referred to in clause 10.1 is produced; or
      2. we or our staff are satisfied (acting solely and severally) that we will not be liable to you in contract or tort or any other cause of action arising out of the delivery of the Vehicle the contents therein or the Accessories to the person seeking to take delivery.
  5. Lien

    1. We shall have a general lien upon or the right of retention of the Vehicle together with the contents therein and the Accessories until all monies due for the provision of the Parking Services has been paid in full.
    2. On default of payment of such sums for 30 Days after the due date for payment, we shall be entitled to sell the Vehicle and/or any of the contents therein or the Accessories by auction or private treaty to recover any monies owing to us.
    3. Parking fees shall be payable in respect of the period the Vehicle, accessories and contents are retained for the purpose of this clause 11 up to and including the date when all monies outstanding to us have been paid or satisfied in full.
    4. In exercising the rights of sale we shall not by deemed to be acting as trustee for you or any other person and shall not be under any duty to obtain the best or reasonable price for the Vehicle, the contents therein or the Accessories.
  6. Warranties by You

    1. You warrant to us that:
      1. you are the legal or beneficial owner of the Vehicle, the contents therein and the Accessories;
      2. the Vehicle is in good and road worthy condition and capable of being driven safely;
      3. the Vehicle is duly licensed; and
      4. there are no matters which we or our staff should be aware of in respect of the Vehicle to enable the Parking Services to be performed without causing or being likely to cause damage or injury to us or our staff or any other person or thing.
  7. Indemnity by you

    1. You indemnify us and our staff against any loss or damage suffered by us or our staff:
      1. in providing the Parking Services; or
      2. arising from any breach of warranty by you.
  8. Compliance with Directions

    1. You will comply with and obey:
      1. all lawful and reasonable directions given and regulations made by us and our staff; and
      2. all signs within the Car Park.
  9. Miscellaneous

    1. Time shall be of the essence.
    2. No time or other indulgence granted by us shall in any way effect our rights under the Contract or at law.
    3. You may be refused entry or requested to leave the Car Park if:
      1. you are in breach of these Terms; or
      2. you act in a manner that is objectionable to our other customers or staff;
      3. you are for any reason disturbing, causing discomfort to or threatening the safety or security of another customer, our staff or any property in on about the Car Park;
      4. you are under the influence of alcohol or drugs, in which event we will not be liable to you for any loss or damage which you may incur as a result of being refused entry or requested to be removed.
    4. Unless extinguished earlier by these Terms or applicable law your right to claim damages against us will expire 60 Days after the end of the Booking Period.
    5. The Contract is governed by the law of Western Australia.
    6. Any legal action in relation to the Contract may be brought in any court of competent jurisdiction sitting as Perth, Western Australia.
    7. No failure, delay, relation or indulgence on our part in exercising and power or right conferred under the Contract shall operate as a waiver of such power or right, nor shall any single or partial exercise of any such power or right preclude any other or future exercise thereof or the exercise of any power or right under the Contract
  10. Credit Card Payment

    1. You authorise us to charge your credit card for any payments that are due and owing to us by you under the Contract.
  11. Privacy

    1. We hold all information we obtain about you pursuant the Privacy Principles of the Privacy Act 1988.
    2. Information is collected for the purpose of carrying out the Contract or enforcing our rights under the Contract.